Everyone should have a will. Check out our post Do I Really Need a Will
Here are the top 5 questions you need to consider when you make your will.
Have I made a list of all of my current assets and debts?
Are they joint assets or joint debts?
For my own assets, how do I want to divide them up amongst my survivors?
Should I make a mirror will at the same time with my spouse?
How do I provide for my children’s support if both of us pass on before they become adults? … [Read more...]

1. The Wills, Estate and Succession Act (WESA) came into effect on March 31, 2014. It replaced:
the Wills Act
the Wills Variation Act
the Estate Administration Act
the Probate Recognition Act
2. The WESA does not invalidate wills made prior to March 31, 2014.
3. The court can decide what makes a valid will. An email, bits of paper, a text message, a video recording may represent the deceased’s intention.
4. Marriage on or after March 31, 2014 no longer revokes an existing … [Read more...]

It is for adult dependents to decide for themselves:
whether or not they might need someone with the legal authority to represent or act for them either prior to or after becoming incapable of making their own personal and/or financial decisions and, if so,
who they wish to act as their representative or guardian. These wishes can be outlined in a legal document, such as a “Power of Attorney,” a “Representation Agreement,” or an “Advance Directive”, but usually only after consultation and … [Read more...]

This article applies to appointing a guardian for your child. To appoint a guardian for a different type of dependent (e.g. an elderly parent, a disabled sibling, etc.) please go to Part 2 - Wills and Adult Dependents.
Appointing a Guardian for your Child
It is always important to have a will, especially if you have any dependent children. More information on whether or not you need a will can be found here: Do I Really Need a Will?
In your will, you can appoint a guardian for your … [Read more...]

QUESTION:
My doctor has told me I have dementia. Is it too late for me to give a Power of Attorney or make a Representation Agreement or even a will?
ANSWER:
There are 70,000 people with dementia in B.C. today. This number is expected to increase significantly as the Baby Boomers continue to age.
It may be surprising to know that 10,000 of those people are under the age of 65. The World Health Organization has published statistics showing that between 2 per cent and 10 per cent of … [Read more...]

Do you own any property?
Do you have bank accounts or investments in your name alone?
Do you have minor children (under 19 years of age)?
Do have any dependents whom you support (e.g. elderly parents, disabled siblings, or children)?
If you answered yes to any of these questions, you should probably have a will. Don’t wait until you are older or you have more assets. The ones you leave behind will have a much easier time of it if you have a will. Financial institutions in particular … [Read more...]

I have used Vivian Stewart for both personal and business issues over the past 7 years. She is straight forward, transparent and easy to understand. She is also extremely knowledgeable with respect to the law. Her approach is one of reasonableness and logic. As a client I have the comfort of knowing that her main interest is to focus on her client's best interest rather than on maximizing her own billable hours. I highly recommend Railtown Law.

Railtown Law has experience in family law and elder law and is legal counsel for our elderly mother. Our family engaged Vivienne Stewart as we have an unfortunate need to establish legal protection for mother. This situation is undergoing court proceedings in a multi-step litigation case. The first steps have been successful.
In the fight for your rights, Vivienne’s approach is straightforward, transparent, and absolutely to the point. We appreciate her timely response to every development. We are thankful for Vivienne’s counsel, and for the support from legal assistant Tracey.